§Why CasetextPricing

Chacanaca et al v. The Quaker Oats Company

MOTION to Dismiss Notice of Motion and Motion And Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Amended Consolidated Complaint

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,402 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  4. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,184 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

  5. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,192 times   3 Legal Analyses
    Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

  6. Mylan Laboratories, Inc. v. Matkari

    7 F.3d 1130 (4th Cir. 1993)   Cited 4,023 times   2 Legal Analyses
    Holding that the plaintiff's "claims that the defendants falsely represented that their drugs had been ‘properly approved by the FDA’ must fail"

  7. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 549 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision

  8. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,221 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

  9. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 850 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid

  10. Southland Sod Farms v. Stover Seed Co.

    108 F.3d 1134 (9th Cir. 1997)   Cited 681 times   5 Legal Analyses
    Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,672 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  14. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,662 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  15. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,428 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  16. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,513 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  17. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,167 times   165 Legal Analyses
    Defining “new drug”

  18. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 667 times   19 Legal Analyses
    Restricting FDCA enforcement to suits by the United States

  19. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 569 times   59 Legal Analyses
    Setting labeling requirements for food products

  20. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 362 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 165 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  22. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 139 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  23. Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

    21 C.F.R. § 101.22   Cited 131 times   13 Legal Analyses
    Using vanilla as an example of a "characterizing flavor"

  24. Section 101.14 - Health claims: general requirements

    21 C.F.R. § 101.14   Cited 62 times   6 Legal Analyses
    Defining a health claim as a "claim made on the label or in labeling of a food . . . that expressly or by implication . . . characterizes the relationship of any substance to a disease or health-related condition"

  25. Section 101.65 - Implied nutrient content claims and related label statements

    21 C.F.R. § 101.65   Cited 42 times   13 Legal Analyses
    Setting forth the requisite nutrient requirements in particular foods in order to label a food "healthy" or some related term

  26. Section 170.3 - Definitions

    21 C.F.R. § 170.3   Cited 22 times   4 Legal Analyses
    Defining "safe" as "a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use"

  27. Section 170.30 - Eligibility for classification as generally recognized as safe (GRAS)

    21 C.F.R. § 170.30   Cited 11 times   7 Legal Analyses
    In 21 C.F.R. § 170.30, the FDA establishes how a food additive may be classified as GRAS and notes, in 21 C.F.R. § 182.1(a) and (d), that "[i]t is impracticable to list all substances that are [GRAS] for their intended use" but that many substances that are GRAS "are listed in this part."

  28. Section 101.81 - Health claims: Soluble fiber from certain foods and risk of coronary heart disease (CHD)

    21 C.F.R. § 101.81   Cited 5 times   2 Legal Analyses

    (a)Relationship between diets that are low in saturated fat and cholesterol and that include soluble fiber from certain foods and the risk of CHD. (1) Cardiovascular disease means diseases of the heart and circulatory system. Coronary heart disease (CHD) is one of the most common and serious forms of cardiovascular disease and refers to diseases of the heart muscle and supporting blood vessels. High blood total cholesterol and low density lipoprotein (LDL)-cholesterol levels are associated with increased